LL.B. (Five Years) Sem 3 History of Courts 2025-26 ATKT 75/25 Question Paper - Mumbai University | munotes

Questions asked in this paper

• Note: 1. All questions are compulsory. 2. Figures to the right indicate marks.

SECTION I - Q.1 Answer in not more than two sentences (Any Six) (12 marks)

1. Q1 Name the place and the year when the first factory of the East India Company was established?
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2. Q2 What were the main aims of Cornwallis's reforms of 1787?
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3. Q3 Write about the conditions for disqualification of the Advocate's enrolment under the Advocates Act, 1961.
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4. Q4 What is the Doctrine of "Stare Decisis"?
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5. Q5 How is the fixation of the strength of the judges of a High Court made?
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6. Q6 Define the Writ of Quo-Warranto.
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7. Q7 Mention the significance of the Supreme Court of India under Article 141 of the Constitution.
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8. Q8 What was the purpose of appointing the 5th Law Commission of India?
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SECTION II - Q.2 Write Short Notes on (Any Two) (12 marks)

1. Q9 Separation of Powers.
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2. Q10 Advantages of Law Reporting.
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3. Q11 Functions of the State Bar Council under the Advocates Act, 1961.
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4. Q12 Significance of Privy Council.
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SECTION III - Q.3 Attempt any two of the following. (12 marks)

1. Q13 After the Kazi and Muftis submit their report, the Provincial Council orders that the property be divided according to the report's recommendations. The widow's property is forcibly seized. She refuses the portion offered and sues the nephew and the law officers in the Supreme Court. a. In this situation, if the Supreme Court finds the original "trial" by the Kazi to be illegal, what happens to the subsequent seizure of property? b. What legal remedy (damages) was awarded to Naderah Begum?
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2. Q14 After being released on bail by the Supreme Court, the Revenue Council re-arrests Kamaluddin. They argue that the Supreme Court's bail only applied to his first arrest and that they have the inherent right to imprison a defaulting debtor to protect the Company's financial interests. a. If you were the Chief Justice (Sir Elijah Impey) in this situation, how would you view the Council's second arrest? b. Does the Council's executive power to collect revenue override the Judiciary's power to protect individual liberty via Habeas Corpus?
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3. Q15 After the jury delivers a "Guilty" verdict and the court sentences Nandkumar to death, his counsel moves a petition for "Leave to Appeal" to the King-in-Council in England. They also request a "Reprieve" (stay of execution) until the King's mercy can be sought, citing the fact that the crime of forgery is not considered heinous in India. The Supreme Court rejects both the appeal and the stay, executing Nandkumar just days later. a. Explain why the Supreme Court's refusal to grant a stay of execution led historians to label this case a "Judicial Murder." b. Discuss the ethical and legal implications of the relationship between Sir Elijah Impey and Warren Hastings in the context of a fair trial.
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4. Q16 Raja Sundernarayan, the Zamindar of Cossijurah, is in heavy debt to a merchant named Cossinath Baboo. Cossinath files a suit in the Supreme Court. The Raja, advised by the Governor-General's Council that he is not subject to the Court's jurisdiction, ignores the court's summons and hides from the officials. a. On what legal grounds did the Governor-General and Council justify using military force to stop the Supreme Court's Sheriff? b. What does the use of military force against judicial officers suggest about the limitations of the Supreme Court's power at that time?
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SECTION IV - Q.4 Answer any three (39 marks)

1. Q17 Discuss the working of the Mayors Court with special reference to the conflict between the Mayors Court and the Governor in Council.
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2. Q18 Elucidate the concept of the Rule of Law and its impact on the Indian Judicial System.
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3. Q19 Write in detail the objectives of the Advocates Act, 1961 and explain how it brought about a change in the profession of lawyers.
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4. Q20 Compare and illustrate the salient features of the Government of India Act, 1935 and the High Courts Act 1861 in present times.
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5. Q21 Describe the role of judicial precedents and the role of Law reporting in the growth of the administration of justice in India.
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